Amira Posted March 22, 2017 Share Posted March 22, 2017 http://www.npr.org/sections/ed/2017/03/22/521094752/the-supreme-court-rules-in-favor-of-a-special-education-student "School districts must provide students with disabilities the chance to make meaningful, 'appropriately ambitious' progress, the Supreme Court said today in an 8-0 ruling." Happy to see this. 33 Quote Link to comment Share on other sites More sharing options...
Guest Posted March 22, 2017 Share Posted March 22, 2017 Good! Quote Link to comment Share on other sites More sharing options...
Innisfree Posted March 22, 2017 Share Posted March 22, 2017 Thank goodness. Quote Link to comment Share on other sites More sharing options...
MedicMom Posted March 22, 2017 Share Posted March 22, 2017 It's sad there is even a question about this. 13 Quote Link to comment Share on other sites More sharing options...
Guest Posted March 22, 2017 Share Posted March 22, 2017 It's about time. Quote Link to comment Share on other sites More sharing options...
sassenach Posted March 22, 2017 Share Posted March 22, 2017 I like the choice of the word "ambitious." 11 Quote Link to comment Share on other sites More sharing options...
Lady Florida. Posted March 22, 2017 Share Posted March 22, 2017 It's sad there is even a question about this. And yet, the current SCOTUS nominee has ruled the other way on more than one occasion. 2 Quote Link to comment Share on other sites More sharing options...
Bluegoat Posted March 22, 2017 Share Posted March 22, 2017 So, does that mean on a district wide basis, rather than necessarily in any given school or class? Quote Link to comment Share on other sites More sharing options...
LucyStoner Posted March 22, 2017 Share Posted March 22, 2017 This gets violated all the time, and bluntly, I don't see that changing. If anything, I see it getting worse. 3 Quote Link to comment Share on other sites More sharing options...
Guest Posted March 22, 2017 Share Posted March 22, 2017 (edited) This gets violated all the time, and bluntly, I don't see that changing. If anything, I see it getting worse. True. Wasn't there a thread on this forum just a day or so ago where someone contacted the school asking for services and the school outright lied and denied it to her? All the time. Edited March 22, 2017 by Kinsa Quote Link to comment Share on other sites More sharing options...
LucyStoner Posted March 22, 2017 Share Posted March 22, 2017 True. Wasn't there a thread on this forum just a day or so ago where someone contacted the school asking for services and the school outright lied and denied it to her? All the time. Don't even get me started. I can not count the times I was misled, given incorrect information or flat out lied to when securing special education services for my younger son. I prevailed and got what I wanted, but most people in my shoes don't know the law, and they give up in despair. 5 Quote Link to comment Share on other sites More sharing options...
bethben Posted March 22, 2017 Share Posted March 22, 2017 Yes, they can rule stuff like that, but in reality, the school district can do just the opposite. I have my special needs son on home bound education of 1 hour per week because the school failed to provide staff to meet basic care needs due to his disability. Educational needs couldn't even be addressed because safety and personal care needs could not even be met. It was a horrible situation and someone is going to get hurt and the school is going to be sued if nothing changes. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Guest Posted March 22, 2017 Share Posted March 22, 2017 Don't even get me started. I can not count the times I was misled, given incorrect information or flat out lied to when securing special education services for my younger son. I prevailed and got what I wanted, but most people in my shoes don't know the law, and they give up in despair. I keep hoping other states have patient advocacy groups like Alaska has. I'd be lost without them clarifying to me what does and doesn't apply to us and how to navigate services and rights we have as a family. It's insanely complicated WRT IEPs and such. If we went by what the people answering phones told us we'd never have gotten anywhere at all. Quote Link to comment Share on other sites More sharing options...
Ali in OR Posted March 22, 2017 Share Posted March 22, 2017 Just have to pipe in and say I love my daughter's school, teacher, aide, district--they all work very hard to give life skills kids the support they need. I don't know the situation for kids who are more mainstreamed, but I know for the most affected kids they do a great job. 6 Quote Link to comment Share on other sites More sharing options...
Daria Posted March 22, 2017 Share Posted March 22, 2017 This gets violated all the time, and bluntly, I don't see that changing. If anything, I see it getting worse. Sadly, I agree with you. However, if this case had gone the other way, we would have seen things get worse at a much faster rate. 2 Quote Link to comment Share on other sites More sharing options...
Farrar Posted March 22, 2017 Share Posted March 22, 2017 This gets violated all the time, and bluntly, I don't see that changing. If anything, I see it getting worse. I think it will get worse because the Dept of Ed has all but said they don't give a flying patooey about issues of disability discrimination and thus are unlikely to ever weigh in on the right side of these things, something that can make a difference. But I think the SC case will help balance that a little. Certainly, it will help when people manage to challenge the status quo by lawyering up. 8 Quote Link to comment Share on other sites More sharing options...
TravelingChris Posted March 22, 2017 Share Posted March 22, 2017 I am very glad of this. Quote Link to comment Share on other sites More sharing options...
Laurie4b Posted March 22, 2017 Share Posted March 22, 2017 http://www.npr.org/sections/ed/2017/03/22/521094752/the-supreme-court-rules-in-favor-of-a-special-education-student "School districts must provide students with disabilities the chance to make meaningful, 'appropriately ambitious' progress, the Supreme Court said today in an 8-0 ruling." Happy to see this. :hurray: 1 Quote Link to comment Share on other sites More sharing options...
TravelingChris Posted March 22, 2017 Share Posted March 22, 2017 Senator COnryn asked him today about it, and he said he was wrong and it was because he was following previous rulings. As Supreme Court Justice, he will have a different role- one that first goes to following the Constitution and seeing if any previous Supreme Court decisions that were made regarding anything similar say anything about the matter. The Supreme Court is the final arbitrator of what is precedence and what will be the new precedence. Establishing new direction for how the Constitution should be interpreted is what they do. Ruling on how the Supreme COurt or your circuit or other circuits have ruled and how that ruling affects your decision on a case, is what a circuit judge does. I doubt that with Justice Gorsuch the case would have been 8-1. I think it would have been 9-0. 2 Quote Link to comment Share on other sites More sharing options...
Katy Posted March 22, 2017 Share Posted March 22, 2017 I just read the ruling. I'm so glad. It's easy (these days especially) to forget that things are getting better all the time. This is one example of that. Quote Link to comment Share on other sites More sharing options...
LucyStoner Posted March 22, 2017 Share Posted March 22, 2017 I think it will get worse because the Dept of Ed has all but said they don't give a flying patooey about issues of disability discrimination and thus are unlikely to ever weigh in on the right side of these things, something that can make a difference. But I think the SC case will help balance that a little. Certainly, it will help when people manage to challenge the status quo by lawyering up. And unfortunately, most families can't lawyer up (or send their kids to private school and hope to reimbursed). The changes at the Dept. of Ed are part of why we will probably remain homeschoolers next year. The plan had been to trial FT school for our younger son once our older son is at his dream magnet STEM school but I'm very discouraged by the direction of SpEd oversight and enforcement. There are other reasons in our decision but that is part of it. 2 Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted March 22, 2017 Share Posted March 22, 2017 Now the intermediate district is saying they'll evaluate him, but to receive services as a homeschooler I have to register my homeschool with the state(which is not a legal requirement to homeschool in MI), or enroll him in the public school. I just posted about it on the Learning Challenges board. Still tryig to figure out if that's true. My (admittedly limited) experience so far hasn't been great. This is true because federal special ed law (and funding) exists for children to be successful within the general education curriculum of the public school, so that they can take advantage of their right to a free and appropriate public education (FAPE). If you're homeschooling you've chosen not to have the FAPE and don't need to be successful within the general education curriculum. So, although they must provide an evaluation under Childfind, they don't have to provide services. Quote Link to comment Share on other sites More sharing options...
Daria Posted March 23, 2017 Share Posted March 23, 2017 Now the intermediate district is saying they'll evaluate him, but to receive services as a homeschooler I have to register my homeschool with the state(which is not a legal requirement to homeschool in MI), or enroll him in the public school. I just posted about it on the Learning Challenges board. Still tryig to figure out if that's true. My (admittedly limited) experience so far hasn't been great. I'm confused by why you'd need to register him as a homeschooler if he's below kindergarten age. Why not just enroll him in him school so that you can get the IEP, and see what they offer. At the IEP meeting they may suggest preschool, but for artic only they'll almost certainly only offer speech. Even if they offer preschool you can usually (not always) decline it and take just the speech therapy. Then, he'll be enrolled as a speech only kid, the same as a 3 year old who was home with mom/dad/grandma/nanny, or in daycare, but getting speech? Once he gets to school age, it gets more complicated, because federal law doesn't require them to provide services to homeschoolers at all, so they can set their requirements how they want. But there should be a category that covers kids who aren't in school yet. Quote Link to comment Share on other sites More sharing options...
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